Mark Arnold's appeal verdict on December 19

The Dubai Court of Appeal adjourned for verdict until December 19 the case of Mark Arnold, British, who was convicted for 15 years jail after hearing the final argument of the his defence lawyer.

Arnold was handed the sentence by the First Instance Court for killing his South African Ex-girlfriend Kerry Winter, 36.

Arnold defended himself and denied killing Kerry before the jury and submitted a defence memorandum.

His lawyer, Yousuf Khalifa Hammad, said the Court of First Instance has misunderstood the case’s circumstances as reported in the case’s file. The First Instance Court did not give attention in its ruling to the testimonies of the defence witnesses including Kerry's neighbours, the police officers who rushed to the accident’s scene and the landlord of the house where she stayed, who all assured that Kerry was alive after the occurrence of the incident.

“Her neighbours who were sharing the house with her told the First Instance Court that they saw Kerry lying unconscious and was moaning in the house’s yard.

“Testimonies of the witness proved that Kerry told them that she was in Abu Dhabi and will be back after a couple of days. Whereas, the First Instance Court mentioned in its verdict that Arnold had beaten her up until he was sure of her death, dragged her to his car and then took her to his boat and drowned her body in the sea. The case’s file included clear cut evidence that she was alive after the incident which the Court of First Instance did not take into consideration in its verdict,” he said.

As well, the prosecution has claimed the death of Kerry, but could not prove that, Hammadi defended. “There was no body of Kerry, and if there was a body, the prosecution should prove what the cause of death was. There is no evidence of her death,” he said.

“My client is innocent and should he have committed a murder he would not have returned to the UAE after travelling to his home country for four days, two days after August 20, 2008, the date of the incident,” he argued adding, “Should he had the intention to kill her he would have pulled her to an isolated area where nobody can see him or her and not in a villa she shared with others.”

The Court of Appeal adjourned the case for verdict until December 19.

In earlier sessions Hammadi asked the Court to hear the testimonies of two affirmative witnesses who are colleagues of Arnold. One of the witnesses who was the company’s driver was proved to have left the country whereas the second one who is the Logistic manager is still in the country but the prosecution failed to find and summon him.

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